At approximately 10:30 a.m. on December 26, 2012, Employee #1, employed by a construction company, was performing the assigned task of lowering a window frame opening about 8 inches in the main stairwell of a residential structure. He built a nailed bracket scaffold and placed two scaffold planks from which to work. The platform was not guarded, and the employee was not protected by fall protection. The stairwell was not provided with mid rails, thus exposing employees to a fall of 23 feet 10 inches through the unguarded railing. Employee #1 apparently fell down the stairwell. He was found by coworkers at the base of the stairway on the concrete floor, a fall distance of 18 feet 5 inches from the platform. He was unresponsive and breathing shallowly. His hammer was still resting on the lowered window sill. His other tools were still in his tool bags, with the exception of the cat's paw which was found on the floor. The block on the upper left side of the header cripple was split. The blocks and replacement header frame were resting to the right of the work platform. Employee #1 died from his injuries.

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